
As a custodial parent in New York, you are afforded many legal rights and responsibilities regarding the upbringing of your child. Custody laws are designed to ensure that the best interests of the child are protected while also keeping in mind the needs and rights of both parents. If you have questions or concerns regarding your parental rights in New York, it can be beneficial to consult with an experienced family lawyer. Reach out to a Suffolk County child custody lawyer today for more information and skilled representation.
What is a Custodial Parent?
A custodial parent is a parent who has primary custody of a child. There are two forms of custody: physical and legal. A custodial parent has physical custody of the child for the majority of the time, meaning that the child resides with them. The noncustodial parent may take custody of the child on weekends or for some time during the year or could have visitation rights.
The custodial parent may also have sole legal custody of the child or those rights could be split between them and the noncustodial parent.
What Are My Rights As a Custodial Parent in NY?
As a custodial parent in New York, you have a variety of rights regarding your child. You have the right to make decisions about your child’s care on a day-to-day basis. This includes their education, healthcare, and religion. If you have sole legal custody you do not need to consult your child’s noncustodial parent for approval before making these decisions. However, if you have joint legal custody then both you and your child’s other parent must discuss any major decisions. In general, when your child is with you you have the right to make relevant choices.
You also have the right to decide where you and your child live. Your child will reside with you most of the time if you are the custodial parent so it is mostly up to you where your child is and when. Unless your custody agreement states otherwise, you can choose to move anywhere within New York state without having to get approval from the noncustodial parent or a court. However, depending on the circumstances you may be required to request permission from the court before relocating.
As the custodial parent you likely have the right to receive child support as well. Child support payments allow the noncustodial parent to help cover the costs of raising the child. These payments can contribute toward housing, food, clothing, education, and more.
It is important to keep in mind that while you are entitled to many rights as a custodial parent, you also have a lot of responsibilities. For more information on custody in New York, reach out to an experienced attorney at Peter V. Mandi & Associates, Inc.